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  • Trespass Order

    I have a tenant with children renting a house from me.

    Her ex-partner is specifically prevented (by name) in the Tenancy Agreement from entering onto the property.

    Despite this he does call around, rages, breaks windows and damaged the front door.

    Is there a way for me to obtain a police trspass order against him?
    And, if so, how do I go about obtaining that?

    In the meantime my glazier is getting wealthy and I am getting poorer.

  • #2
    I thought you just contact the police and lodge the trespass order against him.
    Doesn't that work for a rental that you own?

    Comment


    • #3
      You don't even need to contact the police first - see their guide here: http://www.police.govt.nz/advice/per...espass-notices

      Essentially all you need to do is serve the guy with a trespass notice (there is a template on the above weblink) and then give a copy to the police to be recorded in their database after you have served a copy to the trespasser. Note that you can trespass someone verbally, however the police recommend you serve notice in writing so that there is proof the trespasser has been advised.

      The police do not serve trespass notices (or assist with it), but they will enforce any such notice once it has been served and they have been provided with a copy.

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      • #4
        If there is a risk of personal injury or safety, the police can be asked to serve a Trespass Order and will usually agree to do so.

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        • #5
          You'll need to get the tenants consent and get her to issue it.

          You can download them off the NZ Police website.
          Fraser Wilkinson
          www.managemyrental.co.nz
          Wellington / Lower Hutt / Upper Hutt / Porirua

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          • #6
            Originally posted by FJW View Post
            You'll need to get the tenants consent and get her to issue it.
            Are you sure, Fraser?

            My understanding was a Trespass Notice could be issued by a property occupier or owner.

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            • #7
              I'm only going from past experience as the only bodies that can issue them are the Police and occupier of the dwelling as they need their signatures to have it enforced.....
              Fraser Wilkinson
              www.managemyrental.co.nz
              Wellington / Lower Hutt / Upper Hutt / Porirua

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              • #8
                I recall that some mall operators have issued Trespass Notices, but - now I think about that and your comments - the Mall management may have had an office in the mall.

                So I agree with you: it seems that a LL may not legally issue a Trespass Notice in relation to a property that is the subject of a TA. Unless the LL can persuade a police constable to do so. I wonder how that would be done of if it's been tried?

                Originally posted by Trespass Act
                10 Charges
                Proceedings under this Act may be commenced only by an occupier of the place concerned or a constable.

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                • #9
                  I agree with Perry anyone can issue a tresspass notice. The only issue would be if owner tresspasses a person but then the tennant allows him on the property.
                  If ex partner knows he was excluded by name in the tennancy agreement, then send him the bill
                  for the glazier, when he doesn't pay then go to disputes tribunal. That ought to make him think twice next time.

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